324.64103 Inventory and preliminary evaluation; classification of peat lands; public notice; public comments; public hearings; reclassification of lands.

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Sec. 64103.

(1)Beginning immediately after July 9, 1984, the department shall conduct an inventory of state owned land to determine the surface areas of peat present on those lands and to make a preliminary evaluation of the nature of the peat lands and the relationship of the peat resource to the surrounding wetlands and watershed. The preliminary evaluation shall consist of an analysis of the following data obtained from aerial photographs, a field check of surface features, and any information currently available:

(a)The importance of the peat land for flood and storm control by the hydrologic absorption and storage capacity of the peat land.

(b)The importance of the peat land for wildlife habitat including migratory waterfowl and rare, threatened, or endangered species.

(c)The presence of rare, threatened, or endangered plant species.

(d)The importance of the peat land for its natural pollution treatment capacity.

(e)The importance of the peat land for erosion control as a sedimentation area filtering basin.

(f)The potential impact on water quality for adjacent fish habitat and nursery grounds.

(g)The presence of historical or archeological features in or adjacent to the peat lands.

(h)The importance of the peat land for recreational, environmental, ecological, and educational purposes and any other purpose not covered in subdivisions

(a)through (g).

(2)Based upon the inventory and preliminary evaluation described in subsection (1), the department shall classify the peat lands as either potentially leasable or not leasable according to the following:

(a)If the preliminary evaluation shows that a significant adverse impact is not likely to occur if the peat land is leased and the peat is taken, the peat land shall be classified as potentially leasable. A significant adverse impact may include an impact limited to the peat land.

(b)A peat land not classified as potentially leasable under subdivision

(a)shall be classified as not leasable.

(3)The department shall provide a public notice of the completion of the inventory and classification required by subsections

(1)and

(2)including, but not limited to, publication in the agenda of the commission. The department shall accept public comment on the inventory and classifications for not less than 60 days from the date of notice. The department shall consider all pertinent public comments before finalizing the inventory and classifications. Public hearings may be held on the inventory and classification at the department's discretion. The department may reclassify lands upon receipt of further information if the public notice and the opportunity for public comment described in this subsection are provided.

History: Add. 1995, Act 57, Imd. Eff. May 24, 1995

Popular Name: Act 451

Popular Name: NREPA